Search | Punch and Jurists

U.S. v. Bozza, No. 96-9293 (11th Cir.) (132 F.3d 659) (January 8, 1998) (Judge Joseph Woodrow Hatchett)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Commission of Offenses While on Release

U.S. v. Bozza, No. 96-9293 (11th Cir.) (132 F.3d 659) (January 8, 1998) (Judge Joseph Woodrow Hatchett) by This case deals with the notification provisions of U.S.S.G. § 2J1.7, which requires the sentencing court to give the defendant “sufficient notice” before the court may enhance the defendant’s sentence for a …

U.S. v. Smith, No. 96-6377 (10th Cir.) (131 F.3d 1392) (December 15, 1997) (Judge Paul J. Jr. Kelly)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Smith, No. 96-6377 (10th Cir.) (131 F.3d 1392) (December 15, 1997) (Judge Paul J. Jr. Kelly) by Here the Court approved a § 2D1.1(b)(1) enhancement for possession of a dangerous weapon that were found at the defendant's lab where he worked and residence because the court found they …

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Foster, No. 89-10405 (9th Cir.) (133 F.3d 704) (January 5, 1998) (Judge Alex Kozinski) by As a prelude to this case, it should be noted that, by 1991, there were more than 100 separate Federal mandatory minimum statutes (see, U.S. v. Spencer, 25 F.3d 1105, 1112 (D.C.Cir. 1994)). …

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Bolden, No. 96-3274 (10th Cir.) (132 F.3d 1353) (December 30, 1997) (Judge Michael R. Murphy) by Although the provisions of U.S.S.G. § 2B3.1(b)(2)(C), provides for a sentence enhancement “if a firearm was brandished, displayed or possessed, the Court held that the Government wasn't really required to prove such …

U.S. v. Noah, No. 97-1403 (1st Cir.) (130 F.3d 490) (December 2, 1997) (Judge Bruce M. Selya)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Special Skills

U.S. v. Noah, No. 97-1403 (1st Cir.) (130 F.3d 490) (December 2, 1997) (Judge Bruce M. Selya) by Court held that special skill enhancment does not require either formal training or professional stature; and that enhancement does not hinge on the complexity of the task to be performed.

U.S. v. Kuku, No. 95-9552 (11th Cir.) (129 F.3d 1435) (December 2, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Statutory Index

U.S. v. Kuku, No. 95-9552 (11th Cir.) (129 F.3d 1435) (December 2, 1997) (Per Curiam) by In a case involving counterfeit identification cards, the Court ruled that the district court erred by using § 2F1.1 rather than § 2L2.1 to calculate the defendant's sentence.

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Barakat, No. 96-5013 (11th Cir.) (130 F.3d 1448) (December 15, 1997) (Judge Edward E. Carnes) by In this case, the Eleventh Circuit held the Eleventh Circuit held that an enhancement for the abuse of the position of trust could be justified only if the abuse was connected to …

U.S. v. Knobloch, No. 96-3022 (3rd Cir.) (131 F.3d 366) (December 10, 1997) (Judge Walter K. Stapleton)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Knobloch, No. 96-3022 (3rd Cir.) (131 F.3d 366) (December 10, 1997) (Judge Walter K. Stapleton) by In this case, the defendant Knobloch pled guilty to three counts charging him with conspiracy to distribute marijuana, distribution of anabolic steroids to an individual named Davis, and using and carrying a …

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Double Counting

U.S. v. Bapack, No. 96-3172 (D.C. Cir.) (129 F.3d 1320) (December 5, 1997) (Judge Karen LeCraft Henderson) by Court held no error in applying sentencing enhancements both for managerial role under U.S.S.G. § 3B1.1(c) and for more than minimal planning under § 2F1.1(b)(2)(A).

U.S. v. Sidhu, No. 96-50736 (5th Cir.) (130 F.3d 644) (December 3, 1997) (Judge Harold R. Jr. DeMoss)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Sidhu, No. 96-50736 (5th Cir.) (130 F.3d 644) (December 3, 1997) (Judge Harold R. Jr. DeMoss) by Here the Court approved a § 3B1.3 enhancement on top of a § 3B1.2 enhancement, stating it was not "solely" because of his position as a physician. This Guideline specifically states …

U.S. v. Lampley, No. 96-7074 (10th Cir.) (127 F.3d 1231) (October 20, 1997) (Judge Monroe G. McKay)